This provision can be seen as an erosion of the Sixth Amendment which includes the rights to due process of court and trial by a jury. The Sixth Amendment states that the person accused is entitled to “the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed” and also have the right to “be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense”.2
At this point, the Act and the constitution are in conflict. This provision of the law can be wrongly used against non-terrorist criminals. In fact, there have been reports that homeless people from train stations have been removed citing this Act and drug rings and financial data collection on random visitors to Las Vegas are being facilitated by this.